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Old 04-04-2016, 11:08 AM
 
1,279 posts, read 1,835,050 times
Reputation: 1710

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I just bought a new property with a loooong driveway, of 100+ feet long, 29 feet wide, with my house situated back from the street, etc. On each side of this driveway I have two neighbors. Neighbor A, whom this thread is really about, likes to park his and his guests vehicles in my driveway sometimes, and neighbor B likes to walk their dog through my driveway (there is no fence separating our properties but they plan on putting one in).

One day I get home and find a car parked in my driveway, about 20 feet in. I ask neighbor B if they know who it belongs to and they tell me it belongs to A, and they will go talk to them. They moved the car after an hour or two, only because they left to go somewhere real quick and came back.

Another day, I find neighbor A standing in my driveway about 80 feet in, just a few steps from my front door, looking at neighbor B's roof. I happened to see them when I came outside and asked if they needed help, to which he responded no, he was just getting a closer look at the roof of neighbor B with a roofer he was with.

Later I go out to put a no trespassing sign out and the douche of a neighbor that A is, starts telling me where the property line is, that it is signified by his fence, etc. and I corrected him, citing that the property line is marked by the yellow marker in the street and 29.83 feet east from there, etc. He said, "No it's not, I'm a realtor". So I responded that what the county has on record is what counts, not what any random person says (and really as a side note, a realtor, the lowest barrier to entry profession gives him credibility?? lol). SO then he goes into a tirade about how there is a revocable sewer easement for my property on his property. I replied citing that Title didn't come up with any such easements on record. He just kept bringing up the "fact" that it is revocable. We left it at that and walked away after introducing ourselves. I also happened to mention to the guy that people are parking their cars in my driveway and walking their dogs in my driveway and that it isn't a public street just because it is paved. He suggested to put a gate in, but I responded that I had already been planning on it since I have a dog I want to let run in the "yard".

Questions:

1) Title said they don't do a search for easements on neighboring properties. I don't know, you would think they would, as it would be an easement that affects my property. They showed easements for utilities that are on my property that belong to neighbor B, who is NOT the neighbor with the supposed revocable easement granted to me for my sewer. I've done a little digging and it appears even if what he says is true, easements are not revocable, and I highly doubt that (from what I read) a judge would allow him to revoke the easement if it is even revocable. How can I find out if such an easement actually exists and whether it is revocable or not?

2) Although I haven't seen anyone walking their dogs in my driveway since I mentioned it, (Neighbor B) I still have the problem of neighbor A parking in my driveway, especially when he has large quantities of guests over. I've posted an ad on craigslist to rent the space out for RV space, which both solves the problem and earns me a few bucks. A more long term solution would be a gate, though the area is really wide and not fenced in yet. Another option is to hire an attorney to send a threatening letter and trespass them. They seem to be really comfortable on my property, largely probably because of the old owner, although she was apparently a stickler and filed suit over property boundaries dispute with ANOTHER neighbor and won. In any case, I want to have a good relationship with my neighbors, but that starts with them being respectful to what they know to be my property. If I have to make an example out of them in court so that they get the message I will, though perhaps this is best to be a last resort. I think the RV, followed by gate are my first steps.

I will say, I've learned fist hand that good fences make good neighbors. All the other issues in the houses I lived in before seemed to be non-issues because at least property boundaries were clearly marked.

I currently just document and take pictures of each violation (this Saturday he had two guests vehicles parked in my driveway) in case I take him to court over it.
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Old 04-04-2016, 01:33 PM
 
9,868 posts, read 7,693,060 times
Reputation: 22124
Talk to a property rights lawyer. Your realtor neighbor A sounds like he is setting up to file for adverse possession of YOUR driveway. Perversely, if you give him permission to use your driveway, that hurts his chances of winning. So smile and say that you allow him to use it and don't get sucked into a fight with a "realtor" who might turn out to be a lawyer.

There was a big case in CO wherein a lawyer couple grabbed part of a neighbor's land, land that that neighbor had saved to build their retirement home on. The lawyers probably bought the land specifically to get more without having to pay for it. Be very, very careful about talking to Neighbor A.
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Old 04-04-2016, 02:01 PM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,093,761 times
Reputation: 11535
Call the police. Make a formal complaint. Tell him that you mean business and in no uncertain terms tell him that if he blocks your access, you will tow. Get a security camera on the front of your property and at your home. Provoke him to break the law and catch him on camera doing so. It's the best way to get a judgment quickly. Make sure your cameras are well placed and not viewable from the area. Don't mamby pamby around with the man. Get 'er done.
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Old 04-04-2016, 02:12 PM
 
Location: Canada
6,141 posts, read 3,370,586 times
Reputation: 5790
Sure doesn't sound neighbourly one bit! Ignorant neighbours can be so exasperating and IF neighbour A Continues..Just call Parking Control ( after logging a complain with Police) and give him a ticket or 2 or 3 or 4 and YES indeed place camera's to capture their/his abuses and using private property to park his vehicle. Also post your "Private Property Sign in plain view.

(BTW~~ Doesn't this neighbour have his own driveway? )

This all could have been avoided. Good neighbours usually ask permission or even maybe offer to pay for a parking spot on your abundant Driveway?? I have neighbours who don't have a car..so have rented out their driveway usage to a neighbour that has more than 2 cars..Everybody is happy and nobody gets tickets. I also offer my driveway to a neighbour when I see they are having a gathering of some sort IF I have no plans of going anywhere.
This is normally how good neighbours behave...I feel for you!!
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Old 04-04-2016, 02:57 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,550 posts, read 81,103,317 times
Reputation: 57750
I would look deeper into the easement before getting too rough with the guy over your driveway. While I am in commercial, not residential real estate, we do many easements over our property for utilities and other purposes. While some are perpetual, many are term and will expire if not renewed (if there is a provision). Many are also revocable by either party or just by us as owners. For you to install a new sewer line within the boundaries of your driveway all the way to the main in the street could cost tens of thousands.
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Old 04-04-2016, 04:02 PM
 
1,054 posts, read 1,041,352 times
Reputation: 567
I guess I'm trying to wrap my mind around the easement. If it's a sewer easement isn't that just for the utility co and maybe someone fixing the sewer? What does it have to do with the driveway?

Another thought- property ever been surveyed?

And yep- I agree wholeheartedly about consulting with a real estate lawyer. He or she can check into the easement, any covenants, surveys and how to deal with both neighbors.
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Old 04-05-2016, 09:51 AM
 
1,279 posts, read 1,835,050 times
Reputation: 1710
I considered getting the property surveyed, but perhaps a property rights attorney would be the best first stop to 1) check on the easement issue 2) how to best handle this ahole. I don't know what it is about King County, WA, but it seems these types of inconsiderate pricks are everywhere here. I had less of these issues outside of King County.
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Old 04-05-2016, 10:10 AM
 
2,687 posts, read 7,407,453 times
Reputation: 4219
Wink morning...

Quote:
Originally Posted by Tac-Sea View Post
I considered getting the property surveyed, but perhaps a property rights attorney would be the best first stop to 1) check on the easement issue 2) how to best handle this ahole. I don't know what it is about King County, WA, but it seems these types of inconsiderate pricks are everywhere here. I had less of these issues outside of King County.
I'd get it surveyed, first. Your Attorney will more than likely advise you to do the same thing in order
to know exactly 'where you stand'. Dealt w/an aggressive neighbor in King County a few years ago. That
was not fun. Good luck to you.
Koale
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Old 04-05-2016, 11:18 AM
 
1,054 posts, read 1,041,352 times
Reputation: 567
Quote:
Originally Posted by Tac-Sea View Post
I considered getting the property surveyed, but perhaps a property rights attorney would be the best first stop to 1) check on the easement issue 2) how to best handle this ahole. I don't know what it is about King County, WA, but it seems these types of inconsiderate pricks are everywhere here. I had less of these issues outside of King County.

Definitely see a lawyer. He or so can check on the easement and its ramifications, can see if anyone in the past did a survey or how to order a new one.
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Old 04-05-2016, 12:59 PM
 
Location: State of Transition
102,191 posts, read 107,809,412 times
Reputation: 116087
Quote:
Originally Posted by cmswazey View Post
I guess I'm trying to wrap my mind around the easement. If it's a sewer easement isn't that just for the utility co and maybe someone fixing the sewer? What does it have to do with the driveway?

Another thought- property ever been surveyed?

And yep- I agree wholeheartedly about consulting with a real estate lawyer. He or she can check into the easement, any covenants, surveys and how to deal with both neighbors.
You don't get it. That comment by the neighbor was a veiled threat as to what he would do if the OP gave him any trouble about trespassing.
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